Minors in the Criminal Process International Standards and Their Reflection in Albanian Judicial Practice

Minors constitute one of the most vulnerable and at the same time most important categories of a society. This article analyzes an integrated manner, the treatment of juveniles in conflict with the law and the rights of juvenile victims in the criminal process, focusing on the practical legal challenges related to the protection of children and the guarantee of justice. The article deals with the institute of avoidance of criminal responsibility and the problems that have arisen in practice as well as the suitability of the minimum age for criminal responsibility, analyzing the possible impacts on the rehabilitation of minors and the protection of society, in a current situation that shows an increase in the number of minors involved in serious crimes against life.

Special attention is paid to minors victims of criminal offenses, the guarantees they possess, focusing on minors victims for crimes of a sexual nature, in order to highlight the risk of re-victimisation during the criminal process and the need for adequate protection mechanisms. In this paper, the minor in conflict with the law or victim of a criminal offense will be viewed from the perspective of international standards and Albanian legislation, from the moment of first contact with state institutions until the termination of the criminal case.

Keywords: minor in conflict with the law, minor victim, institute of avoidance, restorative justice, international standards, Albanian legislation.

Background

Minors are one of the most vulnerable populations in society, yet their treatment within the criminal justice system is critical for both their protection and societal safety. In Albania, the Juvenile Criminal Justice Code (JCJC) and related legislation aim to align domestic law with international standards, emphasizing rehabilitation, restorative justice, and the “best interests of the child.” Despite these reforms, practical challenges persist in judicial practice, particularly concerning minors in conflict with the law, the minimum age of criminal responsibility, and the protection of minor victims, especially in cases of sexual violence. This article examines these issues from both international and Albanian legal perspectives, focusing on the effectiveness of protective and diversionary measures.

Methods

The study is a legal review based on analysis of international conventions (e.g., UN CRC, Lanzarote Convention), Albanian legislation (JCJC, Criminal Code, Law on Child Protection), and jurisprudence from the European Court of Human Rights. It evaluates the practical implementation of the institute of avoidance, educational and protective measures for minors under criminal responsibility age, and the procedural safeguards for minor victims. The analysis also draws on case examples and official statistics, highlighting systemic challenges and gaps in judicial practice.

Results

The review identified that the minimum age for criminal responsibility in Albania (14 for crimes, 16 for misdemeanors) creates gaps in handling serious offenses by younger minors, who are subject to “specialized supervision” and educational measures that are often inconsistently applied. The institute of avoidance provides a structured diversion mechanism but faces obstacles in practice due to restrictive criteria and lack of standardized implementation. Minor victims, particularly of sexual crimes, remain at risk of repeated victimization despite legal safeguards such as audio-video testimony and child-friendly procedures. Case law illustrates ongoing deficiencies in protecting minors’ rights and preventing trauma during criminal proceedings.

Conclusions

Albanian juvenile justice legislation has made significant progress toward harmonization with international standards, emphasizing rehabilitation and child protection. However, practical implementation is uneven, with challenges in diversion measures, age-based criminal responsibility, and the safeguarding of minor victims. Strengthening procedural safeguards, clarifying criteria for educational and avoidance measures, and ensuring consistent application in judicial practice are essential to protect minors, prevent revictimization, and promote proportional, rehabilitative justice. Continued alignment with international standards and rigorous monitoring of judicial practice are recommended to improve outcomes for minors in the criminal process.